Skip to main content
  • International Sites
    • International
    • Australia
    • Brazil
    • Canada
    • China
    • CHINA (ENGLISH)
    • France
    • Germany
    • Hong Kong
    • India
    • Japan
    • JAPAN (ENGLISH)
    • Korea
    • Korea (ENGLISH)
    • Mexico
    • Russia
    • Southeast Asia
    • United Kingdom
  • Magazines
    • Art+Auction

      Modern Painters

  • Blogs
  • Videos
  • Photos
  • Art Prices
  • Gallery Guide
  • Art Sites
  • Boutique
  • Blouin News
  • Log in

    Log in

    |Forgot your password?
    OR
    Sign up

    Not a member?

    Create an Account
Home
  • Visual Arts
    • Visual Arts Home
    • Contemporary Art
    • Old Masters/Renaissance
    • Impressionism & Modern Art
    • Ancient Arts & Antiques
    • Traditional Arts
    • Museums
    • Reviews
    • Columnists
    • Fairs
    • Features
  • Performing Arts
    • Performing Arts Home
    • Film
    • Music
    • Theater & Dance
    • Television
    • Events
    • Blogs
    • Photos
    • Videos
  • Architecture & Design
    • Architecture & Design Home
    • Design
    • Architecture
  • Artists
  • Art Prices
  • Market News
    • Market News Home
    • Fairs
    • Auctions
    • Collecting
    • Galleries
    • Art & Crime
    • ART PRICES
  • Lifestyle
    • Lifestyle Home
    • ART Parties/Scene
    • Fashion
    • Food & Wine
    • Jewelry & Watches
    • Autos & Boats
  • Fashion
  • Events
  • Travel
  • Newsletter Sign Up
  • Homepage RSS
  • facebook
  • twitter
  • foursquare
  • tumblr
 
International Edition
May 20, 2013 Last Updated: 12:05:PM EDT

Could the Cindy Sherman of Monkeys Accidentally Revolutionize Copyright Law for Artists?

Could the Cindy Sherman of Monkeys Accidentally Revolutionize Copyright Law for Artists?

Undefined
  • Email
  • Print
  • Tweet
  • Pin It
Enlarge This Image
by Ben Davis
Published: July 15, 2011
Go to top ↑

By now you've probably heard of the "Cindy Sherman of the Monkey World," as we dubbed her recently. While working in an Indonesian national park, British nature photographer David Slater had his camera purloined by a clever macaque monkey who took several self-portraits, apparently fascinated by her own reflection in the lens. The exceptionally charming images that resulted caught the eye of Britain's Daily Mail and won the cheeky monkey fans around the world, as well as "calling into question notions of personae, monkeyhood, affect, and the history of photography itself," as we put it.

We were being tongue-in-cheek, but as it turns out the images have indeed called the very nature of photography into question. The pics are now at the center of a lively debate about copyright, with implications not just for Slater but for the entire world of animal art (yes, there is a world of animal art).

 

After hearing about the accidental monkey masterpieces, the Web site Techdirt posted a short essay musing on the fact that several of the images bore a credit line attributing them to the U.K.-based Caters News Agency, for which Slater works. Copyright is generally held by the person who takes the picture, and since the author was in this case the monkey — Slater explicitly stated that he had no hand in creating the image — Techdirt wondered by what basis Caters could have acquired the copyright.

Someone from the news agency promptly wrote to Techdirt to request that the images be removed from the site — without, however, addressing the fact that the original post had specifically challenged Caters's legal right to own the monkey pics at all. "These images are being used without David's or our permission, therefore can I ask you remove these images from your site immediately," went the letter. Techdirt writer Michael Masnick replied in an email, asking what the legal rationale was for the request, and claiming "fair use" to boot.

Caters News Agency fired back: "Michael, regardless of the issue of who does and doesn't own the copyright — it is 100% clear that the copyright owner is not yourself. You have blatantly 'lifted' these photographs from somewhere — I presume the Daily Mail online. On the presumption that you do not like to encourage copyright theft (regardless of who owns it) then please remove the photographs."

Techdirt adduced the testimony of a number of legal experts to show that Caters's understanding of copyright here is shaky. More importantly, in a followup post, the Web site goes deeper into the intricacies of copyright law, concluding that it seems fairly clear on the fact that only humans get copyright, whether in Indonesia, the United Kingdom, or the United States. "In order to be entitled to copyright registration, a work must be the product of human authorship," says a quote by the U.S. Copyright Office. "Works produced by mechanical processes or random selection without any contribution by a human author are not registrable."

All of this leads to big questions for the world of contemporary art, where works generated by "mechanical processes" and "random selection" are established parts of the vocabulary (see Cory Arcangel's current show at the Whitney) — as are art projects that involve snapshots taken by a third party, for that matter (Nikki S. Lee). But never mind that, our question is: What does this mean for Cooper the Cat? The Seattle-based feline art phenomenon has built an empire — or really, his owners have built an empire — on his photographic snaps, made by a collar-mounted camera that automatically takes a picture every two minutes. Unframed photos by Cooper sell in $145 dollar range, and he even has a "Cat Cam" book of his work for sale. But now the very basis of his art practice may be called into question, all based on the actions of one goof of a monkey. Stay tuned. 

Visual Arts, Photography
Share:
  • Tweet
  • Email to a Friend

Comments

0 Comments
+ Add Yours
Log in or register to post comments
Oldest first Newest first

Most Popular

  • This Week
  • This Month
  • This Year
  • The Calder Foundation's Frieze Week Pop-Up Show
  • The Inaugural A+ Awards Focus on Architects on the Rise
  • DEALER'S NOTEBOOK: Karin Weber on the Hong Kong Art Scene
  • A Madcap Museum Survey of Curiosities and Other Oddities
  • Joseph Beuys's Nazi Ties, Franco's Street Art, And More
  • A Conversation With the Frick Collection's Inge Reist
  • Cannes: Un Certain Regard for "La Jaula de Oro"
  • CANNES Review: Hirokazu Kore-eda’s “Like Father, Like Son”
  • Why "Rediscovered Artists" Are the Art Market's New Darlings
  • Christie's Rakes In a Half-Billion Dollars, Setting a Record
  • Barbara Kruger Responds to Supreme Bitchiness
  • How Many Artists Have Traded Work With "Anthony"?
  • Donald Judd's Children Prepare His Art-Filled Studio
  • Sotheby's $230-Million Imp-Mod Sale [VIDEO]
  • Tracey Emin on Her New Show and Transcending Her YBA Days
  • What to Look Forward to at Frieze New York 2013
  • The 100 Most Iconic Artworks of the Last 5 Years
  • The 50 Most Exciting Art Collectors Under 50 (Part 1)
  • Back to School Guide: The 10 MFA Programs That Give You the Most Bang For Your Buck
  • Basquiat's Ex-Girlfriend Reveals Major Trove of Unseen Works
  • Facebook Censors Pompidou's Gerhard Richter Nude, Fueling Fight Over "Institutional Puritanism"
  • The 50 Most Exciting Art Collectors Under 50 (Part 2)
  • 20 Must-Watch Artist Documentaries
  • ARTINFO Reviews 10 Major Museum iPad Apps That You Can Download

Popular on Facebook

Editorial

  • Visual Arts
  • Performing Arts
  • Architecture & Design
  • Artists
  • Art Prices
  • Market News
  • Lifestyle
  • Fashion
  • Events
  • Travel

Products

  • Magazines
  • Gallery Guide
  • Blouin Art Sales Index
  • Somogy
  • Art Sites
  • Art Jobs

Louise Blouin Media

  • About Us
  • Subscriptions
  • Advertise
  • Contact Us
  • Louise Blouin Foundation
  • RSS
Copyright © 2013 All rights reserved. Use of the site constitutes agreement with our Privacy Policy and User Agreement.